On May 18, 2004, the City Council reintroduced Ordinance No.
407 to adopt revisions to clarify the City’s landslide moratorium regulations
and rescind Urgency Ordinance No. 406U. Therefore, Staff recommends that
the City Council adopt Ordinance No. 407.

Respectfully submitted:

Joel Rojas, AICP, Director of Planning, Building and
Code Enforcement

Reviewed:

Les Evans, City Manager

Attachments:

Draft Ordinance No. 407

ORDINANCE NO. 407

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS
TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, AND RESCINDING URGENCY ORDINANCE NO. 406U

WHEREAS, on September 17, 2002, the City Council directed Staff
to formulate revisions to the Municipal Code in order to clarify the City’s
landslide moratorium exception regulations as they apply to additions to existing
structures and to accessory structures and uses; and,

WHEREAS, on November 5, 2002, the City Council adopted Ordinance
No. 382U, thereby re-establishing a maximum cumulative area of six hundred
square feet per parcel for additions to existing structures and for construction
of permanent detached accessory structures; and,

WHEREAS, between November 5, 2002 and February 18, 2004, the
City received only one application for a landslide moratorium exception permit
involving new permanent detached accessory structures, and no such applications
involving both additions to existing structures and construction of new permanent
detached accessory structures were submitted during this period; and,

WHEREAS, on February 19, 2004, the City received an application
for a landslide moratorium exception involving both additions to existing structures
and construction of new detached accessory structures that, considered individually,
did not exceed six hundred square feet each, but when combined, exceeded a cumulative
total of six hundred square feet for the project; and,

WHEREAS, this application called into question Staff’s interpretation
of the City Council’s intent in adopting Ordinance 382U and, therefore, Staff
has proposed revisions to Chapter 15.20 of the Rancho Palos Verdes Municipal
Code to clarify what it believes to be the City Council’s intent; and,

WHEREAS, pursuant to the provisions of the California Environmental
Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"),
the State’s CEQA Guidelines, California Code of Regulations, Title 14, Section
15000 et seq., the City’s Local CEQA Guidelines, and Government Code
Section 65962.5(f) (Hazardous Waste and Substances Statement), the City determined
that only minor technical changes or additions are necessary to the Negative
Declaration for Code Amendment No. 45/Environmental Assessment No. 714,
which made miscellaneous amendments to Chapter 15.20 of the Rancho Palos Verdes
Municipal Code, on June 6, 2000. The ordinance amendment proposed herein clarifies
existing controls on granting certain exceptions to the Landslide Moratorium
consistent with Code Amendment No. 45, with the goal of limiting the size and
correlative impact of certain additional development on previously developed
properties undertaken in the Landslide Moratorium Area. Therefore, under CEQA
Guidelines §15164 and the City’s Local CEQA Guidelines §VI. B., preparation
of an addendum to the Negative Declaration adopted for Code Amendment No. 45
is deemed proper.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:

Section 1: The City Council has reviewed and
considered the amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of
Title 15 of the Municipal Code.

Section 2: The City Council finds that the
amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of Title 15 of the
Municipal Code are consistent with the Rancho Palos Verdes General Plan and
Coastal Specific Plan in that they uphold, and do not hinder, the goals and
policies of those plans, in particular to balance the rights of owners of developed
properties within the Landslide Moratorium Area to make limited, reasonable
improvements while limiting the potential impacts resulting from these improvements
upon landslide movement, soil stability and public safety within and adjacent
to the Landslide Moratorium Area.

Section 3: The City Council further finds
that the amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of Title
15 of the Municipal Code clarify and are consistent with the City Council’s
intent in adopting Ordinance 382U on November 5, 2002, in that the cumulative
maximum square footage of additions to existing structures and construction
of permanent detached accessory structures, when combined together, would not
exceed six hundred square feet per parcel.

Section 4: The City Council further finds
that there is no substantial evidence that the amendments to Sections 15.20.040
H. and L. of Chapter 15.20 of Title 15 of the Municipal Code would result in
significant environmental effects, or a substantial increase in the severity
of such effects, because the minor clarifications to the Municipal Code will
provide for limited, reasonable improvement of existing, developed properties
without weakening the current landslide moratorium or increasing the potential
for environmental impacts of future development in the City. The City Council
considered the Negative Declaration adopted for Code Amendment No. 45/Environmental
Assessment No. 714, and Addendum No. 2, which is attached hereto as Exhibit
‘A’, prior to making its decision regarding the code amendments contemplated
herein.

Section 5: The City Council further finds
that the amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of Title
15 of the Municipal Code are necessary to protect the public health, safety,
and general welfare in the area.

Section 6: Based on the foregoing, Sections
15.20.040 (Exceptions) H. and L. of Chapter 15.20 of Title 15 of the Rancho
Palos Verdes Municipal Code are amended to read as follows:

15.20.040 H. Minor projects on a lot that currently
is developed with a residential structure or other lawfully existing non-residential
structure and involves an addition to an existing structure, enclosed patio,
conversion of an existing garage to habitable space, or construction of a permanent
attached or detached accessory structure, and does not exceed a cumulative project(s)
total, of six hundred square feet per parcel; provided that a landslide moratorium
exception permit is approved by the director, and provided that the project
complies with the criteria set forth in Section 15.20.050 of this chapter and
does not include any additional plumbing fixtures, unless the lot is served
by a sanitary sewer system. The six hundred square foot limitation on cumulative
projects that can be approved on a lot pursuant to this Paragraph H does not
include the construction of a new garage, which can be approved pursuant to
Paragraph L of this Section. Minor projects involving the construction of an
enclosed permanent detached accessory structure shall include a requirement
that a use restriction covenant in a form acceptable to the city, which prevents
the enclosed permanent detached accessory structure from being used as a separate
dwelling unit is recorded with the Los Angeles County register-recorder. Such
covenant shall be submitted to the director prior to the issuance of a building
permit. Prior to the approval of a landslide moratorium exception permit for
such minor projects, the applicant shall submit to the director any geological
or geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation.

15.20.040 L. Construction of one attached or detached
garage per parcel, which does not exceed an area of six hundred square feet,
without windows or any plumbing fixtures, on a lot that currently is developed
with a residential structure or other lawfully existing non-residential structure;
provided that a landslide moratorium exception permit is approved by the director,
and provided that the project complies with the criteria set forth in Section
15.20.050 of this chapter. If the lot is served by a sanitary sewer system,
the permit may allow the installation of windows and plumbing fixtures in the
garage. The approval of a landslide moratorium exception permit for such a project
shall be conditioned to require that a use restriction covenant in a form acceptable
to the city, which prevents the garage from being used for any purpose other
than parking of vehicles and storage of personal property, is recorded with
the Los Angeles County registrar-recorder. Such covenant shall be submitted
to the director prior to the issuance of a building permit. Prior to the approval
of a landslide moratorium exception permit for such garage, the applicant shall
submit to the director any geological or geotechnical studies reasonably required
by the city to demonstrate to the satisfaction of the city geotechnical staff
that the proposed project will not aggravate the existing situation.

Section 7: After the effective date of this
Ordinance, it shall apply to all landslide moratorium exception permits and
any subsequent development applications that had not been deemed complete by
the City as of the effective date of this Ordinance.

Section 8:Urgency Ordinance No. 406U as adopted
by the Rancho Palos Verdes City Council on April 20, 2004 is hereby rescinded
as of the effective date of this Ordinance.

Section 9: The City Clerk shall certify to
the adoption of this Ordinance and shall cause the same to be posted in the
manner prescribed by law.

PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF JUNE
2004.

_________________________________

MAYOR

ATTEST:

____________________________

CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF RANCHO PALOS VERDES )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
do hereby certify that the whole number of members of the City Council of said
City is five; the foregoing Ordinance No. 407 passed first reading on May 18,
2004, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on June 1, 2004, and that the same was passed and adopted
by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________

CITY CLERK

EXHIBIT ‘A’ TO ORDINANCE NO. 407

ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT/

NEGATIVE DECLARATION (EA/ND) NO. 714

__________, 2004

On June 6, 2000, the City Council adopted Resolution No. 2000-35,
thereby adopting a Negative Declaration for Environmental Assessment No. 714
and Code Amendment No. 45, amending Chapter 15.20 (Moratorium on Land Use Permits)
of the City's Municipal Code. The amendments were intended to allow for limited,
reasonable use of developed properties within the Landslide Moratorium Area
by expanding the variety of development projects that could be excepted from
the moratorium without jeopardizing the public health, safety and general welfare.
The amendments also included a requirement for the connection of existing developed
properties to new sanitary sewer systems, with the intent of reducing the infiltration
of wastewater into the active and inactive landslides, and improving gross soil
stability within the entire Landslide Moratorium Area. Prior to its adoption,
the Negative Declaration was circulated for public comment from April 19, 2002
through May 18, 2002 and no substantive comments were received from any persons
or responsible agencies. In adopting the Negative Declaration, the City Council
found: 1) that there would be no significant adverse environmental impacts resulting
from the adoption of the amendments; and 2) that, although the adoption of the
code amendment would serve only to effectuate changes to the language of the
existing Municipal Code, the City Council recognized that separate environmental
review would be performed for any projects to which Chapter 15.20 applied, prior
to receiving any approvals from the City.

The City Council is currently considering the adoption of an
Ordinance that would further amend Chapter 15.20 by clarifying that the maximum
cumulative project(s) total square footage for additions to existing structures
and construction of permanent detached accessory structures is six hundred square
feet per parcel for both types of project(s) combined, rather than for each
type of project(s) individually. The proposed amendment would maintain the current
Code provisions to allow the construction of a new garage up to six hundred
square feet in area on a developed parcel. The effect of these revisions would
be to limit the expansion of developed properties within the Landslide Moratorium
Area—except for those properties located within the Landslide Moratorium Area
"outlined in blue" (i.e., subject to the exception under Section 15.20.040
(K) of the Municipal Code)—to one thousand two hundred square feet per parcel,
consisting of:

Six hundred square feet (600 SF) of additions to main structures, patio
enclosures, conversion of existing garages to habitable space, and construction
of and additions to permanent attached and detached accessory structures;
and,

Six hundred square feet (600 SF) for a new attached or detached garage.

Without the adoption of this Ordinance, the current language
of Sections 15.20 040 (H) and (L) could be interpreted to allow up to one thousand
eight hundred square feet of expansion to developed properties because the totals
for additions to existing structures and for new permanent detached accessory
structures would not be combined for the purposes of determining the cumulative
project(s) square footage. As such, the City Council has determined that the
proposed amendment would not result in new significant environmental effects,
but would actually serve to reduce potential adverse impacts upon the environment
by clarifying the limitations on the scope of future expansions to developed
properties within the Landslide Moratorium Area. Furthermore, the City Council
believes that the amendment is within the scope of EA/ND No. 714 that was prepared
and adopted in conjunction with Code Amendment No. 45’s amendments to Chapter
15.20 that were adopted on June 6, 2000. As a result, no further environmental
review of this code amendment is necessary.